Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Re denley
  • 8 Jun 2007

    SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER

    Citation
    SHAON LAL HIRANAND AND OTHERS v. PADMA HARI HARILELA AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV403/2005

    The Court dismissed the defendants' appeal and upheld the deputy judge's grant of leave to amend because the amended claim raised an arguable case that the father intended the payment to the aunt as a trust for the children that might give the children contingent beneficial interests (Denley principle); the earlier statutory demand appeal did not create issue estoppel because it ruled only that the children lacked an immediate right to call for the capital, not that a trust in their favour could never arise; accordingly striking out the amended claim was inappropriate.